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Bronx Premises Liability Law Blog

Lawsuit filed against Dollar Tree after boy's slip and fall

Businesses have a responsibility to their customers to keep their properties free from hazards. Such hazards might include boxes in aisles, loose carpeting or liquids that spill or drip onto the floors.

A lawsuit has been filed in another state against the discount retailer Dollar Tree. The suit was filed by the father of a boy who slipped in liquid on the store's floor. According to the lawsuit, the boy suffered serious injuries in the slip and fall accident, although the nature of the injuries was not reported.

Is it difficult to prove liablity in inadequate security cases?

If you were injured because a property owner did not provide adequate security at a store, event or other property or occurrence, you may wonder how difficult it will be to hold the owner liable. While proving that that the owner was responsible for your injuries can be difficult, it is certainly not impossible.

There have been a number of cases in the past few years that have resulted in significant judgments for those who were injured because of inadequate security. Here are a few of the cases:

What should I do if I get a dog bite?

New York residents love their dogs, but the dogs that live in this state are not always friendly. Indeed, a large dog can inflict severe and deadly injuries on unsuspecting victims. What, then, should a New York resident do if attacked and injured by a dog?

When a dog bite is minor -- it barely breaks through the skin -- the danger of contracting rabies is virtually non-existent. These types of injuries should be treated just like any kind of minor cut or scrape. Wash the bite with soapy water. Finally, put antibiotic cream on the wound and then a bandage to prevent it from becoming infected.

Do sidewalk sheds really help in New York?

There is no question that sidewalk sheds can help in some situations. These are commonly used in New York to protect people while walking on the sidewalk if work is being done above them. The idea is that the sheds will keep falling debris from striking pedestrians and causing injuries. The problem is that a lot of these sheds are in such bad shape that they don't really work well at all.

One man recounted walking down a heavily-trafficked sidewalk with a shed built over it, and a piece of debris fell from the building. It was not stopped by the shed, and it slammed into his skull. It knocked him out. After he came to and went to get medical treatment, he needed numerous stitches to close up the wound. As a result, he started a lawsuit.

Elevator accidents -- How safe is your elevator?

New York City is packed with high-rise buildings, both for commercial and residential use. According to an editor with Elevator World magazine, there are between 75,000 and 80,000 elevators in the New York metropolitan area. Chances are, you are in several different elevators between home, work and many shopping venues. However, do you know how to tell if your elevator is safe?

One president with a local elevator installation, inspection maintenance and repair company says that when owners choose to forego an elevator upgrade or simply improve the cab instead of electrical systems or brakes, it's like "giving a patient a new hair-do instead when what he really needs is heart surgery." While most elevators are very safe because of numerous backup safety features, negligent maintenance, improper installation or defective parts can cause elevator accidents.

What you should do after a trip and fall accident in New York

Some people attribute a trip and fall to their own clumsiness, never considering the fact that the property owner might be liable for their injuries. A trip and fall accident happens when a person's foot strikes an object that shouldn't be there to begin with. A fall results from the trip, often causing serious injuries and in some cases, even death.

In New York, property owners are liable for injuries that occur on their properties because of unsafe conditions, negligent maintenance, inadequate security and more. This includes civil claims for pain and suffering, medical expenses, disability, emotional trauma and other damages. However, in some cases, you may only have as few as 90 days in which to file a lawsuit.

What is the statute of limitations for an animal attack case?

It is vital for any injured New York resident to gain an immediate understanding of how statutes of limitation may apply to his or her potential personal injury claim. Indeed, different time limits will apply to different types of cases. For example, some accidents or animal bite cases that involve an under the age of 18 minor could have a longer time in which to file a claim for damages. Conversely, if the case is a medical malpractice matter, New York state law will dictate a shorter time limitation be applied.

The reason why statutes of limitation are so important is because after the date has passed, it could be next to impossible for an injured person to seek damages for his or her injuries in court. Nevertheless, some legal strategies could be applied to add more time to a limitation in certain situations. For example, the Discovery of Harm rule says that the ticking clock of a statute of limitation does not begin until after the victim discovers his or her injury and the nature of the injury.

What is an inadequate security claim?

New York landlords must maintain a safe environment on their properties. If they fail to maintain safe premises, and a slip and fall accident results, they could be held liable for the accident victim's injuries. Similarly, property owners who do not provide adequate security could be liable if an act of sexual assault or physical violence occurs on their premises.

Violent crime and accident victims often require emotional support and medical assistance. They also deserve justice under the law, which may be pursuable through a civil action that seeks to hold a property owner responsible for what occurs on his or her property. For example, if a property owner is aware that his or her property is dangerous and individuals on the property are risk of being the victims of a violent crime, the owner has a legal obligation to secure his property so that visitors are safe. This is why many bars have bouncers and other security protocols to ensure the safety of their patrons and employees.

Is the city of New York responsible for sidewalk accidents?

The New York City Department of Transportation is responsible for maintaining public sidewalks within the city. Those sidewalks cover more than 12,750 miles. This is a monumental task, but in addition, the NYCDOT must also inspect the sidewalks on property not owned by the city.

When someone is injured because of a broken sidewalk or other sidewalk issue, the person, agency or entity responsible for the maintenance and upkeep of the sidewalk is responsible for the victim's injuries in most cases. However, for the average person, determining exactly who is at fault can be frustrating.

Escalator and elevator accidents: 2-year-old boy loses 2 fingers

It very tragic when you hear of a child injured while on an escalator or elevator. However, escalator and elevator accidents are more common than many people know. According to America Now, the U.S. Consumer Product Safety Commission, more than 10,000 people are injured each year on escalators alone. New York has escalators almost everywhere you look -- in businesses, malls and subways.

On Aug. 20, a 2-year-old had one finger amputated and another partially amputated in an escalator accident in another state. According to witnesses, the toddler was trying to go up an elevator that was going down. When he fell, his fingers got caught in the "comb plates" at the bottom of the escalator. According to a report by the Oregon Department of Consumer and Business Services, the little boy's fingers were "taken by the moving steps and entrapped under the comb segments." When the child's mother tried to free him, the fingers were severed.

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